Category Striking out

DELAY AND NON-COMPLIANCE: ACTION STRUCK OUT: A “GAME CHANGER”

The judgment of Master Matthew in Phelps -v- Button [2016] EWHC 3185 (Ch) emphasises the dangers of delay and non compliance. “…I will observe that the Court ethos has changed enormously since the days of Lord Denning and the two Court of Appeal decisions to which I have referred. I will not say that in […]

PAYING THE CORRECT COURT FEE, AMENDMENT & STRIKING OUT: ANOTHER DECISION

There have been a number of cases in relation to the consequences for a claimant when the correct court fee has not been paid upon issue.  This issue was considered by His Honour Judge Robinson this week in an appeal in the case of Wiseman -v- Marston’s PLC (Sheffield County Court 21st December 2016). (This […]

THE DEAD CAN’T SUE: AN IMPORTANT REMINDER

In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very basic principles. An action is brought by the deceased’s estate not in the name of the […]

PROVING THINGS 32: DAMAGES CLAIM STRUCK OUT AS UNSUSTAINABLE; APPLICATION TO AMEND REFUSED.

In Guney -v- Kingsley Napley [2016] EWHC 2349 (QB) Mrs Justice McGowan struck out part of the claimant’s claim for damages and refused the claimant permission to amend to plead new heads of damage. It could serve as an object lesson in the risks involved in claiming damages that are not recoverable in law and […]

TWO PROCEDURAL POINTS: A SECOND ACTION IS NOT ALWAYS AN ABUSE OF PROCESS & A BANKRUPT CANNOT BRING PROCEEDINGS

The judgment of Master Bowles in Khan -v- Khan & Ambala Foods Limited [2015] EWHC 2625 (Ch) contains a reminder of two important procedural points. KEY POINTS (1) The issue of a second set of proceedings is potentially an abuse of proceedings. However the court will not always find it to be an abuse. (2) […]

FAILURE TO PROVIDE INFORMATION IN WITNESS STATEMENT LEADS TO APPLICATION BEING STRUCK OUT: HIGH COURT DECISION TODAY

Chief Master Marsh has had a busy day. This is the second decision today I am writing about. In  Wave Lending Ltd -v- Batra and SFM Legal Services Ltd [2016] EWHC 2238 (Ch) he considered whether a witness statement complied with a peremptory order and whether relief from sanctions should be granted. KEY POINTS The […]

YOU ARE PAYING YOUR WITNESSES BY RESULTS: WE WANT TO STRIKE YOU OUT

The judgment of Mr Justice Fraser in EnergySolutions EU Limited -v- Nuclear Decommissioning Authority [2016] EWHC 1988 (TCC) is a highly technical analysis of procurement legislation in an action that had already had a somewhat tortuous procedural history.  However I want to look at one part of the judgment that dealt with the fact that […]